4:26-cv-00117•WAY v. BURCH et al
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Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION CURTIS ANTONIO WAY, Plaintiff, v. Case No. 4:26-cv-117-TKW/MJF S. BURCH and ERIK D. HOWARD, Defendants. / REPORT AND RECOMMENDATION In this § 1983 action, Plaintiff’s claims are barred by the statute of limitations. The District Court, therefore, should dismiss this civil action. B ACKGROUND A. Plaintiff Initiates this Civil Action Plaintiff is a prisoner incarcerated at the Union Correctional Institution in Raiford, Florida. Doc. 7 at 2. On February 27, 2026, Plaintiff initiated this civil action. Doc. 1 at 1. B. The Undersigned’s Order to Amend the Complaint Pursuant to this court’s screening obligation under 28 U.S.C. § 1915A, the undersigned reviewed Plaintiff’s complaint. The undersigned informed Plaintiff that his claims likely are barred by the statute of limitations. Doc. 4. Case 4:26-cv-00117-TKW-MJF Document 8 Filed 06/09/26 Page 1 of 5
Page 2 of 5 C. Plaintiff’s Amended Complaint On June 5, 2026, Plaintiff filed an amended complaint pursuant to 42 U.S.C. § 1983. Doc. 7. Plaintiff names as Defendants two correctional officers at the Franklin Correctional Institution, where Plaintiff was formerly housed. Id. at 2–3. Plaintiff alleges that, in 2021, Defendants deprived Plaintiff of his personal property. Id. at 5–6; Doc. 7-1 at 3. Plaintiff asserts claims under the First, Fourth, Fifth, Eighth, and Fourteenth Amendments. Doc. 7 at 9. Plaintiff seeks compensatory and punitive damages. Id. at 11. D ISCUSSION The District Court should dismiss this civil action because Plaintiff’s claims are barred by the statute of limitations. A. The Statute of Limitations The District Court is required to review Plaintiff’s complaint, and dismiss it if it fails to state a claim upon which relief can be granted. 28 U.S.C. § 1915A(a)–(b); see also 28 U.S.C. § 1915(e)(2)(B). “A district court may properly dismiss a § 1983 complaint sua sponte, without requiring any responsive pleadings, for failure to state a claim if the action would be barred by the state’s statute of limitations.” Simpson v. Florida, 708 Case 4:26-cv-00117-TKW-MJF Document 8 Filed 06/09/26 Page 2 of 5
Page 3 of 5 F. App’x 635, 636 (11th Cir. 2018). Dismissal is proper where it is “apparent on the face of the complaint” that a plaintiff’s claims are barred by the statute of limitations. Isaiah v. JPMorgan Chase Bank, 960 F.3d 1296, 1304 (11th Cir. 2020). In § 1983 suits, district courts should apply the most appropriate or analogous state statute of limitations. See 42 U.S.C. § 1988(a). In Florida, claims brought under § 1983 are subject to a four-year statute of limitations. Ellison v. Lester, 275 F. App’x 900, 901–02 (11th Cir. 2008); Chappell v. Rich, 340 F.3d 1279, 1283 (11th Cir. 2003) (per curiam); Fla. Stat. §95.11(5)(g). That is, a plaintiff must initiate a § 1983 action within four years of the date “the facts which would support a cause of action are apparent or should be apparent to a person with reasonably prudent regard for his rights.” Van Poyck v. McCollum, 646 F.3d 865, 867 (11th Cir. 2011) (quoting McNair v. Allen, 515 F.3d 1168, 1173 (11th Cir. 2008)). Section 1983 claims, therefore, accrue when a plaintiff knows or has reason to know that he has been injured, and is aware or should have been aware who inflicted the injury. Wallace v. Kato, 549 U.S. 384, 388 (2007). B. Plaintiff’s Claims Are Barred by the Statute of Limitations In Plaintiff’s amended complaint—filed after the undersigned Case 4:26-cv-00117-TKW-MJF Document 8 Filed 06/09/26 Page 3 of 5
Page 4 of 5 informed Plaintiff that his claims likely are barred by the statute of limitations—Plaintiff omits the date of the alleged constitutional violations. But in Plaintiff’s initial complaint, he clearly stated that the Defendants’ actions occurred on May 25, 2021. Doc. 1 at 5. Furthermore, Plaintiff attached to his amended complaint grievances that purportedly support his claims. Doc. 7 at 8. Those grievances are considered “part of the pleading for all purposes.” Fed. R. Civ. P. 10(c). In those grievances, Plaintiff alleges that the event supporting his claims occurred on May 25, 2021. Doc. 7-1 at 3. Assuming that Plaintiff truly suffered a constitutional injury, Plaintiff knew or should have known by May 25, 2021 that he had suffered such an injury and that Defendants were responsible. Based on Florida’s four-year statute of limitations, Plaintiff had until May 25, 2025, to commence a § 1983 civil action based on Defendants’ conduct. Plaintiff commenced this civil action on February 27, 2026, more than nine months after the statute of limitations expired. Because it is obvious from Plaintiff’s amended complaint that his claims are barred by the statute of limitations, the District Court should dismiss this action for failure to state a claim upon which relief can be granted. Case 4:26-cv-00117-TKW-MJF Document 8 Filed 06/09/26 Page 4 of 5
Page 5 of 5 C ONCLUSION For the reasons set forth above, the undersigned respectfully RECOMMENDS that the District Court: 1. DISMISS this action with prejudice pursuant to 28 U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(B)(ii). 2. DIRECT the clerk of the court to close the case file. At Pensacola, Florida, this 9th day of June 2026. /s/ Michael J. Frank Michael J. Frank United States Magistrate Judge NOTICE TO THE PARTIES The District Court referred this case to a magistrate judge to address dispositive matters. See N.D. Fla. Loc. R. 72.2; see also 28 U.S.C. § 636(b)(1)(B), (C); Fed. R. Civ. P. 72(b). Objections to these proposed findings and recommendations must be filed within fourteen days. An objecting party must serve a copy of the objections on all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the District Court’s order based on unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case 4:26-cv-00117-TKW-MJF Document 8 Filed 06/09/26 Page 5 of 5
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